Exile Without Process: The New York City Housing Authority's Unconstitutional Trespass Notice Program
39 Pages Posted: 29 Mar 2012
Date Written: March 7, 2012
This Note examines the constitutionality of the New York City Housing Authority’s “Trespass Notice Policy” which bans anyone arrested for a felony drug crime on or near New York City Housing Authority property from re-entering such property. This Note argues that the Policy violates arrestees’ right to procedural due process under the Fifth and Fourteenth Amendments of the U.S. Constitution by, in essence, exiling them from public housing grounds solely on the basis of an arrest and without providing them with a hearing of any kind to contest their exclusion.
Keywords: Public Housing, Trespass, Trespass Notice Policy, Housing Authority, Intimate Association, Constitutional Law, Fifth Amendment, Fourteenth Amendment
JEL Classification: K, I
Suggested Citation: Suggested Citation